Scottish Secure Tenancy
(most council tenants have this type of tenancy)
What is a Scottish Secure Tenancy?
What is a tenancy agreement?
What are the rights and responsibilities in my tenancy agreement?
What if I break the tenancy agreement?
Can I be made to leave my home?
What if the council fails to carry out its duty?
It is the main type of tenancy used by all 'social landlords' in Scotland. In other words most tenants living in council or housing association homes in Scotland have a Scottish Secure Tenancy. You have a mixture of 'contractual' and 'statutory' rights. Contractual rights are those put in place by the landlord. Statutory rights are those created by acts of parliament.
A Scottish Secure Tenancy gives you the right to live in your home as long as you want, known as 'security of tenure'. You cannot be made to leave your home except by a court order. A court has to be satisfied that there are specific grounds for repossession, such as breaking a clause of the tenancy agreement, or the tenancy was obtained through false statements.
The details of your tenancy are written in your tenancy agreement. When your tenancy starts you and a member of council staff sign two copies of your tenancy agreement. The council keeps one copy of the agreement and you keep the other. The tenancy agreement sets out the details of the contract between you and the council, detailing rights and responsibilities for you and the council as your landlord. By signing it you agree to abide by the conditions of tenancy.
The council's main responsibilities are to:
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consult you on any proposed changes to the tenancy
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keep your home wind and water tight and in good repair
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keep all pipes, drains, gutters and installations for heating, water, gas or electricity supply in working order
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provide you with information about our complaints procedure, and our policies on rent setting, allocations, exchanges and repairs if you ask for this information.
The council has the right to:
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change your rent or other charges provided we have carried out consultation and taken tenants views into account. We must tell you the new charge at least 4 weeks before it is due.
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be let into your home to carry out inspections or repairs, or to service appliances. We must give you at least 24 hours notice.
Your main responsibilities are to:
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pay the rent and other charges on time
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keep your garden tidy
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take care of the property, keep the inside properly decorated and do any repairs you are responsible for
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make sure that everyone in your household and your visitors behave responsibly. They must not cause nuisance to neighbours, or harass or threaten other people, including our staff
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not overcrowd the property
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let us know in writing at least 4 weeks before you intend to leave
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write to us asking permission if you want to carry out any alterations to your home.
You have the right to:
A 'breach of tenancy' is the term used when you fail to keep to the terms of your tenancy agreement, for example, not paying your rent or harassing your neighbours. We will discuss with you how you can correct the situation and give you the chance to change your behaviour.
Yes, but only a court can order you to leave your home. The council has clear procedures on when we take formal action against a tenant. If a 'breach of tenancy' is not resolved, we may take court action which could mean that you and all members of your household can be made to leave your home. We don't want this to happen and will provide you with support and advice to help prevent this.
If we take you to court:
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We deliver a legal notice to you and certain other members of your household. This gives reasons for taking action against you, and a date when we can start taking action to go to court
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The court will write to you giving a date for the hearing
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At the hearing, the court may allow you to put your side of the case, and will decide whether you have to leave your home
You should talk to a member of staff about a complaint. In most cases problems are resolved quickly and efficiently. However if the matter is not resolved you should follow the council's formal complaints procedure.